Hot off the presses, Dave Pozen’s and my new piece in @HarvLRev on what is broken in how we regulate marijuana, kratom, opioids, and other drugs—and how to fix it. Admin law meets public health meets LPE meets drug law meets harm reduction. Check it out! harvardlawreview.org/print/vol-13...

Readers, today is the exciting launch day for my book! How to Tax the Ultrarich bit.ly/4rk6wBM In partnership with the great economic policy team @rooseveltinstitute.org A few threads will follow. 1st, the key takeaway: even w/ *this* Supreme Court, we can tax wealth at the federal level. 1/12

At this moment, the incessant & chaotic attacks on freedom can make collective action feel daunting, even impossible. While collective & sustained action is never fail-proof, it has disrupted the admin's violent takeover. A thread on how coordinated, systemic resistance blunts Trump's tyranny: 1/

Wow, thanks Josh for the shout out!

I have a piece in lawfare today about a wonky but important issue—the selection of a new Comptroller General and future of both “Congress’s Watchdog” and the (badly needed) stabilizing force in federal spending it provides. www.lawfaremedia.org/article/is-t...

Happy "just circling back on this" day to those who celebrate.

I’m honored to join the @oneillinstitute.bsky.social's Center for Addiction and Public Policy, Taleed El-Sabawi, Regina LaBelle, and other colleagues for the "Winter Institute on Addiction Policy and the Law” CLE event on February 9-10, 2026. Register (zoom or live): web.cvent.com/event/e921a3...

Excited to be launching and co-teaching this new course at Emory Law. If you've got ideas for articles/books/strategies/challenges to share with students to help them use law to change the world for the better, despite all that stands in the way, please do share! law.emory.edu/news-and-eve...

Very wonky podcast with Eugene Volokh @hooverinstitution.bsky.social, Jane Bambauer, and me talking about how the first amendment does/doesn't limit states' ability to try to protect kids and adults from addictive design by tech companies. reason.com/volokh/2025/...

Trump marijuana EO is a big deal and, like all EOs, raises questions about "what's next" and "what has actually changed"? Here are some quick bullets about my understanding of where we are and where we are going.

Now on SSRN: "Platform Polarization?" is forthcoming in Emory Law Journal--about the increasing politicization of social media platforms and what it means for political parties and constitutional law. tinyurl.com/h4ynwyua Comments are very welcome on the draft!

Now on SSRN: "The Missing Constitutional Law of Executive Conditions" (with Nicole Huberfeld) is forthcoming in Wash U. L. Rev--about the distinctive constitutional issues presented by presidential "regulation by deal." tinyurl.com/mrytp74z Comments very welcome on the draft!

Well over 150 UC law faculty have just made public this open letter to the UC Regents arguing, point by specific point, for why the Regents should not accept any of the major demands the Trump administration has made of UCLA. We argue it's not a genuine settlement offer, but a form of extortion.

This is interesting!

Now that Character.AI is 18+ the pressure on other companies to age gate will grow. Delighted to share my piece with Brett Frischmann and Avi Sholkoff, "Tort Liability for Failure to Age Gate: A Promising Regulatory Response to Digital Public Health Hazards," www.degruyterbrill.com/document/doi...

Is the Trump admin going to appeal the RI court's order requiring SNAP distributions? DOJ's latest filing suggests they are considering it, asking for a written order to help them decide. Meanwhile the MA court says funds *are legally available* and asks admin to say if they will pay by 11/3.

Two very different memos: Here is (1) the first Trump Admin's explanation that they'd made funds available to protect SNAP beneficiaries from shutdown-related disruptions, dated January 9, 2019, and (2) the second Trump Admin's explanation that they would not do so, posted by Axios last Friday.

Can the power of the purse be protected? Professors @mblawrence.bsky.social, Eloise Pasachoff, & Zachary Price analyze the Trump Admin's dramatic shift away from Congressional power and toward unilateral executive control over spending. bit.ly/appropriatio...

Awesome presentation at Emory by Yale Law’s Nicholas Parrillo to discuss “Administrative Law as a Choice of Business Strategy.” If you’re in admin law (health care, energy, envt, consumer protection, etc.) you really ought to read this groundbreaking paper. tinyurl.com/3ejdm5a8

“If the President could later alter the bargain by negating provisions they disfavored, why would senators or representatives ever vote for a package including provisions they dislike?” -Me, Pasachoff & Price last spring on how appropriations presidentialism causes shutdowns. tinyurl.com/59uwsu42

For anyone trying to understand how government shutdowns work, I will post a couple pieces I've done on them in the reply. But first I'd read @joshchafetz.bsky.social on "Congress's Constitution." yalebooks.yale.edu/book/9780300...

Now, there have been arguments in the past that section 687 empowering GAO to sue is itself unconstitutional. But at this point, if the courts are going to say that, we need them to actually do so—and then, if 687 is unconstitutional, they should sever any preclusion and let APA suits in.

On this: One reason the Supreme Court just said others can’t sue is *because Congress gave the power to GAO*. But GAO hasn’t sued. Right or wrong, yesterday’s ruling is SCOTUS’s invitation for GAO to go to court. GAO works for Congress, so it will be interesting to see if members call for this.

Delighted to share that “Platform Politicization and the Constitution” is forthcoming in Emory Law Journal. The paper explores what open integration b/w social media platforms and political parties would/will mean for freedoms of speech and association. Sharing abstract, dm for draft!

Fascinating(yet depressing) plenary session at the Health Law Professors Conference ft. @ninakohn.bsky.social @mayamanian.bsky.social @mblawrence.bsky.social Medha Makhlouf Joan Krause Aaron Kessleheim: Updates on healthcare law & policy in tumultuous times. #HLP2025

I always like to see what other LPE and LPE Adjacent Scholars are up to. Thanks to @lpeblog.bsky.social for highlighting my article alongside other people whom I like reading such as @mblawrence.bsky.social, Bijal Shah, and Fred Jacobs, amongst others.

"Within only a couple months, Sewell became addicted to the app." Big decision denying motion to dismiss on 1A grounds today in Garcia v. Character A.I., the first case against a chatbot for allegedly contributing to a teen's death. Full opinion here: tinyurl.com/496s4epn

My book won the 2025 Neustadt award for best book on the American presidency. Presidents enact bad policies, on purpose, because it helps them define their brand & gives the impression they're in charge. If that basic message resonates, please give it some of your reading time: lnkd.in/dVPsriXt

Surreal honor to be among a truly impressive list of experts recently appointed to serve as public members and senior fellows of the Administrative Conference of the United States. www.acus.gov/article/admi...

Thank you to the wonderful editors of the Indiana Law Journal for bringing "Super-Groups: Legal Empowerment and Public Law" to print! My best effort to explore who the "powerful" are and the role of law in making them that way. www.repository.law.indiana.edu/ilj/vol100/i...

There's relatively little substantive content in the text of the MFN EO, but this section is emblematic of the many, many questions people should have about its scope. Where will the Secretary get this pricing information? How will they decide "price targets"? For which drugs? Which countries? Etc.

Sharing some of my thoughts on the unconstitutionality of impoundment at @dorfonlaw.bsky.social Thoughts welcome!

"in effect the early second Trump Administration seems to have substituted OMB’s legal authority over apportionment (which now must be exercised transparently) with DOGE’s functional control over federal payment systems" www.yalejreg.com/nc/secret-co... Great piece on by @mblawrence.bsky.social

Very cool-looking new paper from Dave Pozen and @mblawrence.bsky.social. Check it out! papers.ssrn.com/sol3/papers....

Incredible to see "Moral Panic or Public Health Crisis? Lessons From Drugs and Gambling for 'Addictive' Design" now out in print! With my amazing @EmoryLaw 2L coauthor, Kevin Yan. When was the last time you saw a Music Man epigraph? digitalcommons.law.seattleu.edu/cgi/viewcont...

Doing our best to explain what is going on with checks and balances when it comes to federal spending!

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Appropriations Presidentialism," by @mblawrence.bsky.social, Eloise Pasachoff, and Zachary Price. Check it out! www.yalejreg.com/nc/ad-law-re...

"'Appropriations Presidentialism'—which clocks in at an eminently readable 25 pages—is both a short and engaging introduction to the issues and an extremely thoughtful preliminary assessment of an important development." Thanks @dtdeacon.bsky.social for sharing our paper in the Ad Law Reading Room!

Excited to have the opportunity to present Statutory Liquidation at the Harvard/Yale/Stanford Junior Faculty Forum in June! Check the paper out here: papers.ssrn.com/sol3/papers....

missed this amid *gestures* last week, but this is such a fantastic, fascinating read. I learned a ton and saw countless ways these systems (and their shortcomings) had affected my own access to essential medications, others' challenges finding care, and much else. so, so well worth your time.

With marijuana rescheduling stalled, and tighter control of other substances on the horizon, analyzing drug scheduling is timely & closely linked to public health. Read an insightful piece from @mblawrence.bsky.social & David Pozen, forthcoming in Harvard L. Rev. papers.ssrn.com/sol3/papers....

Marijuana rescheduling has stalled. The Controlled Substances Act has failed. The opioid crisis continues. We need to rethink drug scheduling from the ground up. But how? Excited to share Dave Pozen's and my effort, forthcoming in the Harvard Law Review. tinyurl.com/3cxe6bh6

Thread: this flew under the radar but is very concerning. Apportionment involves pro-forma OMB quarterly letters to agencies confirming they can spend $ as appropriated by Congress. OMB has now permanently shuttered the public apportionment website per Politico/letter from OMB to Senator Murray.

Now that courts are pushing back on DOGE's interference with spending through Treasury systems, OMB is breaking the law to keep its own spending actions secret. I explain this separation of powers struggle in "Secret Conditions Move from DOGE to OMB," just up at Yale J Reg. tinyurl.com/3uyht563

Spread the word: if your NEH grant has been canceled (or you know someone who this applies to), please fill out or pass along this form from ACH.

"there is ultimately no substitute for Senators’ and Representatives’ energy and attention when it comes to maintaining Congress’s constitutional authority over the public purse" @mblawrence.bsky.social Eloise Pasachoff and Zach Price

Delighted to share news--my essay with Eloise Pasachoff and Zach Price, “Appropriations Presidentialism," is forthcoming in Georgetown Law Journal Online! papers.ssrn.com/sol3/papers.... The draft is our attempt to explain a developing front in the fight for checks and balances. Thoughts welcome!

If you get the chance to attend (or even speak at) a conference at Seton Hall law, you take it! Terrific, informative, generative presentations today reflecting on the ACA at 15 with a 🔥🔥🔥 keynote by Abbe Gluck. Thanks to the center for health & pharma law and Seton Hall J. Leg. for hosting!

How does the ACA address/should address the social determinants of health? Fascinating discussion w @weparmet.bsky.social @mblawrence.bsky.social @yaelcannon.bsky.social & John Jacobi @setonhallhealthlaw.bsky.social ACA at 15 symposium at Seton Hall Law!